LANSING, Mich. (Michigan News Source) – The Michigan Supreme Court ruled 4-3 along party lines that Secretary of State Jocelyn Benson developed and issued guidance for Michigan election challengers properly, for the most part, and those can remain in place for the Nov. 5 presidential election.

“Under the Michigan Election Law, the secretary of state is the chief election officer of Michigan, and as such, the secretary has supervisory control over local election officials in the performance of their duties,” Justice Kyra Harris Bolden wrote in the majority opinion.

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In addition, the high court held that Benson is given authority under Michigan election law to issue such guidance. It involved giving guidance for election challenger credentialing and requirements regarding the challenge process and bypassed a longer rules-making process.

The plaintiffs, which included election challengers, the Michigan Republican Party,  and Republican National Committee, argued that the rule changes had not gone through the Administrative Procedures Act (APA), which provides for “processing, promulgation, publication, and inspection of state agency rules.”

Justice Brian Zahra marked one of three dissenting justices, and said the majority opinion that “the Secretary’s revisions to the manual are, in fact, ‘rules’ that must be followed and followed without a trace of public discussion, accountability, or transparency.”

Benson applauded the ruling. She said in a statement, “As our guidance has consistently made clear, challengers have a right to participate in the election process and they play an important role. But election officials have a responsibility to maintain order in the polling place and ensure voters can cast a ballot without interference.”

She continued by adding, “This clarity will help election officials, poll workers, challengers, and voters alike as we prepare for the November General Election and beyond.”